These Terms of Service are a contract between you and FormThis. FormThis
operates www.FormThis.com and the form document generation, collection and
storage services therein (collectively the Service). By using the FormThis
Site and any services accessible from the FormThis Site, you are agreeing to be
bound by the following terms and conditions (Terms of Service). If you do not
agree to these Terms of Service or any part thereof, your only remedy is to not
use the FormThis Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL
RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE FORMTHIS SITE, AND ANY
ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE
FORMTHIS SITE AT YOUR OWN RISK.
Account
In order to open an Account on the FormThis Site, you must (i) agree to these
Terms of Service, (ii) provide a valid email address, and (iii) provide any
other information required by FormThis during the registration process. You will
update this information to maintain its accuracy during the term of this
Service. You are responsible for maintaining the security of your account and
password. FormThis cannot and will not be liable for any loss or damage from
your failure to comply with this security obligation. You are also responsible
for all content that you may post on the FormThis Site (Content) and activity
that occurs under your Account (even when Content is posted by others who have
accounts under your Account). Personally identifiable information submitted by
you shall be subject to the FormThis Privacy Policy.
One person or legal entity may not maintain more than one free Account. Accounts
registered by bots or other automated methods are not permitted.
License Grants & Restrictions
FormThis hereby grants you a non-exclusive, non-transferable, worldwide right to
access and use the FormThis Site, solely with supported browsers through the
Internet for your own internal purposes, subject to the Terms of Service. You
may not permit the FormThis Site to be used by or for the benefit of
unauthorized third parties. Nothing in the Terms of Service shall be construed
to grant you any right to transfer or assign rights to access or use the
FormThis Site. All rights not expressly granted to you are reserved by FormThis
and its licensors. You shall not (i) modify or make derivative works based upon
the FormThis Site; (ii) reverse engineer or access the FormThis Site in order to
(a) build a competitive product or service, (b) build a product using similar
features, functions or graphics of the FormThis Site, or (c) copy any features,
functions or graphics of the FormThis Site. You further acknowledge and agree
that, as between the parties, FormThis owns all right, title, and interest in
and to the FormThis Site, including all intellectual property rights therein.
Your Responsibilities
You are responsible for all activity occurring under your accounts and are
solely responsible for compliance with all applicable local, state, national and
foreign laws, treaties and regulations relating to your use of the FormThis
Site, including those related to the protection of intellectual property, data
privacy, international communications and the transmission of technical or
personal data. You shall: (i) notify FormThis immediately of any unauthorized
use of any password or account or any other known or suspected breach of
security; and (ii) report to FormThis immediately and use reasonable efforts to
stop immediately any copying or distribution of Content that is known or
suspected by you. You are responsible for obtaining and maintaining any
equipment and ancillary services needed to connect to, access or otherwise use
the FormThis Site, including, without limitation, modems, hardware, server,
software, Internet browsers operating system, networking, web servers, long
distance and local telephone service, but excluding the FormThis Site itself
(collectively, Equipment). You shall be responsible for ensuring that such
Equipment is compatible with the FormThis Site. You shall also be responsible
for the use, and maintaining the security, of the Equipment.
Impermissable Acts
As a condition to your use of the FormThis Site, you agree not to: upload, post,
email, transmit or otherwise make available any information, materials or other
content that is illegal, harmful, threatening, abusive, harassing, defamatory,
obscene, pornographic, offensive, invades another's privacy, or promotes
bigotry, racism, hatred for harm against any individual or group; impersonate
any person or entity or falsely state or otherwise misrepresent your affiliation
with a person or entity; phish, collect, upload, post, email, transmit or
otherwise make available any login data and/or passwords for other web sites,
software or services; phish, collect, upload, post, email, transmit or otherwise
make available credit card information or other forms of financial data used for
collecting payments; forge headers or otherwise manipulate identifiers in order
to disguise the origin of any content transmitted through the FormThis Site;
upload, post, email, transmit or otherwise make available any information,
materials or other content that infringes another's rights, including any
intellectual property rights; upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of
solicitation; upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; use any manual or
automated software, devices, or other processes to crawl, spider or screen
scrape any web pages contained in the FormThis Site; reverse engineer,
decompile or disassemble any of the software used to provide the FormThis Site;
reproduce, duplicate or copy or exploit any other portion of the FormThis Site,
without the express written permission of FormThis; interfere with or disrupt
the FormThis Site, or any servers or networks connected to the FormThis Site, or
disobey any requirements, procedures, policies or regulations of networks
connected to the FormThis Site; obtain, collect, store or modify the personal
information about other users; modify, adapt or hack the FormThis Site or
falsely imply that some other site is associated with the FormThis Site or
FormThis; or use the FormThis Site for any illegal or unauthorized purpose. You
must not, in the use of the FormThis Site, violate any laws in your jurisdiction
(including but not limited to copyright laws).
Indemnification
FormThis will indemnify all paying accounts against and hold them harmless from:
(a) any claim by a third party that any part of the FormThis Site or its use,
manufacture, sale, distribution, or reproduction infringes or misappropriates
any copyrights, trade secrets, patents or other intellectual property; (b) any
claim by a third party that this Terms of Service is in conflict, violation or
breach of or with any contract, assignment, license, sublicense, security
interest, or other obligation to which FormThis is a party or has knowledge; (c)
any claim relating to any past, present or future use, licensing, sublicensing,
distribution, marketing, disclosure or commercialization of any part of the
FormThis Site by FormThis; and (d) any litigation, arbitration, judgments,
awards, attorneys' fees, liabilities, settlements, damages, losses and expenses
Feedback
In the course of using the FormThis Site, you may provide FormThis with
feedback, including but not limited to suggestions, observations, errors,
problems, and defects regarding the FormThis Site (collectively Feedback). You
hereby grant FormThis a worldwide, irrevocable, perpetual, royalty-free,
transferable and sub-licensable, non-exclusive right to use, copy, modify,
distribute, display, perform, create derivative works from and otherwise exploit
all such Feedback.
Payment, Refunds, Upgrading & Downgrading
A valid credit card is required for paying accounts. Free accounts which provide a
limited access to the Service are not required to provide a credit card number.
The FormThis Site is billed in advance on a yearly basis in accordance with our
pricing schedule. There will be no refunds
or credits for partial months of Service, upgrade/downgrade refunds, or refunds
for months unused with an open account. In order to treat everyone equally, no
exceptions will be made. You will be billed for the year immediately
upon signing up for a paying account. An upgrade
from the free account to any paying account will end your free trial. You will
be billed for your first month immediately upon upgrading. For any upgrade or
downgrade in plan level, your credit card that you provided will automatically
be charged the new rate. All fees are exclusive of all taxes, levies, or
duties imposed by taxing authorities, and you shall be responsible for payment
of all such taxes, levies, or duties, excluding only Canadian taxes. You agree
to pay for any such taxes that might be applicable to your use of the Service
and payments made by you herein. DOWNGRADING THE FORMTHIS SITE MAY CAUSE THE
LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. FORMTHIS DOES NOT ACCEPT
ANY LIABILITY FOR SUCH LOSS.
Violation of the Terms of Service
FormThis reserves the right to investigate and prosecute violations of any of
these Terms of Service to the fullest extent of the law. FormThis may involve
and cooperate with law enforcement authorities in prosecuting users who violate
the Terms of Service. You acknowledge that FormThis has no obligation to
pre-screen or monitor your access to or use of the FormThis Site or any
information, materials or other content provided or made available through the
FormThis Site, but has the right to do so. You hereby agree that FormThis may,
in the exercise of FormThis's sole discretion, remove or delete any entries,
information, materials or other content that violates these Terms of Service or
that is otherwise objectionable.
Cancellation
You are solely responsible for properly canceling your account. An email or
phone request to cancel your account shall not result in cancellation. You can
cancel your account at any time by clicking on the Account link in the
navigation bar at the top of the screen or writing FormThis a letter to the
following address: 6 Smith Rd RR1, Oxford Stn, ON, K0G 1T0, Canada The Account
page provides a simple no questions asked cancellation link. Any cancellation of
your Account will result in the deactivation or deletion of your Account or your
access to your Account, and the forfeiture and relinquishment of all Content in
your Account. This information cannot be recovered from FormThis once your
account is cancelled. Please be aware that FormThis may for a time retain
residual information in our backup and/or archival copies of our database. We
will make reasonable commercial efforts to delete your information as soon as
possible after you communicate that intention to us. Cancellations will take
effect immediately. Upon the commencement of a new Service period the Service
will terminate without additional notice, and you will not be charged for any
subsequent Service periods. You will not be provided any refunds for unused time
on your Service period.
Termination
FormThis reserves the right to terminate any Free Accounts that do not receive a Form submission for 3 months or is not logged into for 3 months.
FormThis reserves the right to delete any Web Form Design without notice if the Web Form has not received a
Submission/Result in a 3 month period.
FormThis reserves the right to delete any Submissions/Results or Heatmap Statistics stored in a FormThis database with a Create Date
greater than 90 days.
Formthis in its sole discretion, has the right to suspend or terminate your Account if (1)
you breach these Terms of Service or (2) your bandwidth usage significantly
exceeds the average bandwidth of other users of the Service. In each such case
FormThis may refuse to provide you any current or future use of the FormThis
Site, or any other FormThis Service. Any termination of your Account will result
in the deactivation or deletion of your Account or your access to your Account,
and the forfeiture and relinquishment of all Content in your Account. This
information cannot be recovered from FormThis once your account is terminated;
however FormThis may for a time retain residual information in our backup and/or
archival copies of our database. FormThis reserves the right to refuse service
to anyone for any reason at any time.
Modifications to the FormThis Site & Prices
FormThis reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the FormThis Site and Service (or any
part thereof) with or without notice. Prices of all FormThis Sites, including
but not limited to monthly subscription plan fees to the FormThis Site, are
subject to change upon 30 days notice from us. Such notice may be provided at
any time by posting the changes to the FormThis Site. FormThis shall not be
liable to you or to any third party for any modification, price change,
suspension or discontinuance of the FormThis Site. FormThis reserves the right
to update and change the Terms of Service from time to time without notice. Any
new features that augment or enhance the current FormThis Site, including the
release of new tools and resources, shall be subject to the Terms of Service.
Continued use of the FormThis Site after any such changes shall constitute your
consent to such changes.
Copyright & Content Onwershihp
We claim no intellectual property rights over the material you provide to the
FormThis Site. Your profile and materials uploaded remain yours. However, by
setting your pages to be shared publicly, you agree to allow others to view and
share any Content. FormThis does not pre-screen Content, but FormThis and its
designee have the right (but not the obligation) in their sole discretion to
refuse or remove any Content that is available via the FormThis Site.
Notification of Claims of Infringement. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify FormThis's agent for
notice of claims of copyright or other intellectual property infringement
(Agent), at termsatformthis.com (replace at with @) or: Copyright Agent
FormThis 6 Smith Rd RR1 Oxford Stn Ontario, K0G 1T0 Canada Please provide our
Agent with the following Notice: Identify the material on the FormThis site that
you claim is infringing, with enough detail so that we may locate it on the
website; A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; A statement
by you declaring under penalty of perjury that (1) the above information in your
Notice is accurate, and (2) that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that owner; Your
address, telephone number, and email address; and Your physical or electronic
signature. FormThis will remove the infringing posting(s), subject to the
procedures outlined in the Digital Millennium Copyright Act (DMCA).
Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE
FORMTHIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITH NO
WARRANTIES WHATSOEVER. FORMTHIS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FORMTHIS AND ITS
LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SERVICES. FormThis DOES NOT WARRANT THAT (I)
THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE FORMTHIS SITE WILL BE CORRECTED. FORMTHIS AND ITS LICENSORS
DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH
THE SERVICES. FORMTHIS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE FORMTHIS SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED BY THE FORMTHIS SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE FORMTHIS
SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD
OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only
available via email. We will use commercially reasonable efforts to respond
within a reasonable amount of time during regular business hours.
SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE AND JURISDICTION TO
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FORMTHIS OR ITS LICENSORS BE LIABLE TO YOU ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR FORMTHIS
SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF FORMTHIS OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR FORMTHIS
SITE, FROM INABILITY TO USE THE SERVICES OR FORMTHIS SITE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR FORMTHIS SITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SERVICES OR FORMTHIS SITE OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FORMTHIS
SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall FormThis or its
licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
General
These Terms of Service will be governed by and construed in accordance with the
laws of the Ontario Canada, without giving effect to its conflict of laws
provisions or your actual province or country of residence. If for any reason a
court of competent jurisdiction finds any provision or portion of the Terms of
Service to be unenforceable, the remainder of the Terms of Service will continue
in full force and effect. These Terms of Service constitute the entire agreement
between the parties with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter (including, but not limited to, any prior
versions of the Terms of Service). Any waiver of any provision of the Terms of
Service will be effective only if in writing and signed by an authorized
representative of FormThis. Questions about the Terms of Service or Billing
should be addressed to termsatformthis.com or by mail at: FormThis, 6 Smith Rd RR1,
Oxford Stn, Ontario, K0G 1T0, Canada.